Del. Super. Ct. Crim. R. 9

(a) Issuance. Upon the request of the attorney general certifying that there is a warrant or capias for the

defendant outstanding, that there is a risk of flight or of danger to the public, or that there is other good

reason that a warrant should issue in lieu of a summons, the court shall issue a warrant for each defendant

named in an information or in an indictment. Upon the request of the attorney general a summons instead

of a warrant shall issue. If no request is made, the court may issue either a warrant or a summons in its

discretion. More than one warrant or summons may issue for the same defendant. The prothonotary shall

deliver the warrant or summons to the sheriff or other person authorized by law to execute or serve it. If a

defendant fails to appear in response to the summons, a warrant shall issue.

(b) Form.

(1) Warrant. The form of the warrant shall be as provided in Rule 4(c)(1) except that it shall be

signed by the prothonotary and shall describe the offense charged in the indictment or information.

Bail may be fixed by the court and endorsed on the warrant.

(2) Summons. The summons shall be in the same form as the warrant except that it shall summon the

defendant to appear before the court at a stated time and place.

(c) Execution or service; and return.

(1) Execution or service. The warrant shall be executed or the summons served as provided in Rule

4(d)(1), (2) and (3). A summons to a corporation shall be served by delivering a copy to an officer or

to a managing or general agent or to any other agent authorized by appointment or by law to receive

service of process and, if the agent is one authorized by statute to receive service and the statute so

requires, by also mailing a copy to the corporation’s last known address within the State or at its

principal place of business elsewhere in the United States. An officer executing the warrant shall

bring the arrested person without unreasonable delay before the nearest available committing

magistrate of the county in which the offense is alleged to have been committed or such other

committing magistrate as provided by the warrant or by statute, court rule or administrative order.

When a defendant arrested with a warrant issued pursuant to this rule is brought before a committing

magistrate, the committing magistrate shall hold the defendant to answer in Superior Court. Bail shall

be fixed as endorsed on the warrant or, in the absence thereof, as the committing magistrate deems

appropriate in the circumstances. When a defendant appears in Superior Court pursuant to a

summons, the court shall set bail. If the defendant was previously charged with the same offense or

with a different offense based on the same act or transaction, and the charge or charges were

dismissed by the committing magistrate or by the attorney general, the court may reinstate bail

previously posted by a professional or corporate surety. When the court orders bail reinstated, the

surety shall be subject to the obligation of the bond previously executed. The prothonotary shall serve

a notice of the reinstatement by mail upon the surety. Lack of notice shall not affect the obligation

which shall continue until the condition of the bond has been satisfied or the court grants the surety’s

application to withdraw.

(2) Return. The officer executing a warrant shall make return thereof to the committing magistrate

before whom the defendant is brought. At the request of the attorney general any unexecuted warrant

shall be returned and cancelled. On or before the return day the person to whom a summons was

delivered for service shall make return thereof. At the request of the attorney general made at any

time while the indictment or information is pending, a warrant returned unexecuted and not cancelled

or a summons returned unserved or a duplicate thereof may be delivered by the prothonotary to the

sheriff or other authorized person for execution or service.